The punishment standard is as follows:
1, whether it is an adult crime or a minor crime, after criminal investigation, there is evidence to prove that it constitutes a crime, and the investigation organ may transfer it to the procuratorial organ for review and prosecution;
2. If the procuratorate meets the conditions for prosecution, it may bring a lawsuit to the court, and the court will make a judgment according to law after hearing it. Only when dealing with juvenile criminal cases, in order to protect the legitimate rights and interests of minors, the law has made special provisions for them;
3. Procedurally, the trial is generally not open, and the guardian should appear in court to participate in the proceedings. If a defense lawyer is not entrusted, the legal aid center shall designate a defense lawyer to provide legal aid;
When sentencing, the criminal law also stipulates that juvenile offenders should be given a lighter or mitigated punishment.
Age division of criminal responsibility of minors;
1, the age stage with no criminal responsibility at all, according to the regulations, 14 years old is the age stage with no criminal responsibility at all. Generally speaking, people under the age of 14 are still in infancy and do not have the ability to identify and control their own behavior, that is, they do not have the ability to be responsible. Therefore, the law stipulates that criminal responsibility shall not be investigated for acts that endanger society committed by people under the age of 14; However, if necessary, parents or guardians may be ordered to strictly discipline them according to law;
2. Compared with the age of criminal responsibility, people who are over 14 and under 16 belong to the age range of relative criminal responsibility stipulated by our country, that is, people of this age are only criminally responsible for a few crimes stipulated in the criminal law, but not for most crimes. This is undoubtedly a scientific system that conforms to the actual situation of minors' ability to identify and control. "A person who is over 14 and under 16 is guilty of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or poisoning.
Should bear criminal responsibility;
3. At the age of full criminal responsibility, people who have reached the age of 16 but have not reached the age of 18 shall bear criminal responsibility for all criminal acts. However, the punishment should be lightened or mitigated.
Judging from the provisions on the age of criminal responsibility in China's criminal legislation, considering that minors are a special group in society, according to their physiological and psychological characteristics, the punishment for juvenile defendants should not be solely based on how many crimes they have committed, how many sentences they have sentenced, and simply for the sake of punishment. Whether the punishment for minors is appropriate is not only related to the lifelong future of juvenile criminals, but also has a huge social impact, and its significance goes far beyond punishing juvenile criminals themselves. Therefore, the conviction and sentencing of juvenile defendants should focus on education, probation and salvation, and correctly judge the punishment to achieve the purpose of educating, saving and reforming juvenile defendants.
To sum up, juvenile delinquency will not wait until adulthood, and the punishment standards for minors under the age of 14 are different from those for minors over the age of 16.
Legal basis:
Article 285 of the Criminal Procedure Law of People's Republic of China (PRC)
The principle of secret trial A case in which the defendant is under the age of 18 at the time of trial shall not be heard in public. However, with the consent of the minor defendant and his legal representative, the school to which the minor defendant belongs and the minor protection organization may send representatives to be present.
Article 286
Seal up and inquire about the criminal records of juvenile offenders. If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Article 287
In handling criminal cases of minors, other provisions shall be applied in accordance with other provisions of this law, except those already stipulated in this chapter.